(1)Many of the drugs included within this subchapter have a useful and legitimate medical purpose and are necessary to maintain the health and general welfare of the American people.

(2)The illegal importation, manufacture, distribution, and possession and improper use of controlled substances have a substantial and detrimental effect on the health and general welfare of the American people.

(3)A major portion of the traffic in controlled substances flows through interstate and foreign commerce. Incidents of the traffic which are not an integral part of the interstate or foreign flow, such as manufacture, local distribution, and possession, nonetheless have a substantial and direct effect upon interstate commerce because—

(A)after manufacture, many controlled substances are transported in interstate commerce,

(B)controlled substances distributed locally usually have been transported in interstate commerce immediately before their distribution, and

(4)Local distribution and possession of controlled substances contribute to swelling the interstate traffic in such substances.

(5)Controlled substances manufactured and distributed intrastate cannot be differentiated from controlled substances manufactured and distributed interstate. Thus, it is not feasible to distinguish, in terms of controls, between controlled substances manufactured and distributed interstate and controlled substances manufactured and distributed intrastate.

(6)Federal control of the intrastate incidents of the traffic in controlled substances is essential to the effective control of the interstate incidents of such traffic.

(7)The United States is a party to the Single Convention on Narcotic Drugs, 1961, and other international conventions designed to establish effective control over international and domestic traffic in controlled substances.

This subchapter, referred to in par. (1), was in the original “this title”, meaning title II of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1242, as amended, and is popularly known as the “Controlled Substances Act”. For complete classification of title II to the Code, see second paragraph of Short Title note set out below and Tables.

“(a) Except as otherwise provided in this section, this title [see Short Title note below] shall become effective on the first day of the seventh calendar month that begins after the day immediately preceding the date of enactment [Oct. 27, 1970].

“(b) Parts A, B, E, and F of this title [Parts A, B, E, and F of this subchapter], section
702 [set out as a note under section
321 of this title], this section, and sections
705 through
709 [sections
901 to
904 of this title and note set out below], shall become effective upon enactment [Oct. 27, 1970].

“(c) Sections
305 (relating to labels and labeling) [section
825 of this title], and 306 (relating to manufacturing quotas) [section
826 of this title] shall become effective on the date specified in subsection (a) of this section, except that the Attorney General may by order published in the Federal Register postpone the effective date of either or both of these sections for such period as he may determine to be necessary for the efficient administration of this title [see Short Title note below].”

Pub. L. 111–273, § 1,Oct. 12, 2010, 124 Stat. 2858, provided that: “This Act [amending sections
822 and
828 of this title and enacting provisions set out as a note under section
822 of this title and listed in a table relating to sentencing guidelines set out as a note under section
994 of Title
28, Judiciary and Judicial Procedure] may be cited as the ‘Secure and Responsible Drug Disposal Act of 2010’.”

Pub. L. 111–268, § 1,Oct. 12, 2010, 124 Stat. 2847, provided that: “This Act [amending sections
830 and
842 of this title and enacting provisions set out as notes under section
830 of this title] may be cited as the ‘Combat Methamphetamine Enhancement Act of 2010’.”

Pub. L. 111–220, § 1,Aug. 3, 2010, 124 Stat. 2372, provided that: “This Act [amending sections
841,
844, and
960 of this title and enacting provisions listed in a table relating to sentencing guidelines set out under section
994 of Title
28, Judiciary and Judicial Procedure] may be cited as the ‘Fair Sentencing Act of 2010’.”

Short Title of 2008 Amendment

Pub. L. 110–425, § 1,Oct. 15, 2008, 122 Stat. 4820, provided that: “This Act [enacting section
831 of this title, amending sections
802,
823,
827,
829,
841,
843,
882, and
960 of this title, and enacting provisions set out as notes under section
802 of this title and listed in a table relating to sentencing guidelines set out as a note under section
994 of Title
28, Judiciary and Judicial Procedure] may be cited as the ‘Ryan Haight Online Pharmacy Consumer Protection Act of 2008’.”

Pub. L. 108–358, § 1,Oct. 22, 2004, 118 Stat. 1661, provided that: “This Act [enacting section
290bb–25f of Title
42, The Public Health and Welfare, amending sections
802 and
811 of this title, enacting provisions set out as notes under section
802 of this title and section
290aa–4 of Title
42 and listed in a table relating to sentencing guidelines set out as a note under section
994 of Title
28, Judiciary and Judicial Procedure, and amending provisions set out as a note under section
802 of this title] may be cited as the ‘Anabolic Steroid Control Act of 2004’.”

Short Title of 2003 Amendment

Pub. L. 108–21, title VI, § 608(a),Apr. 30, 2003, 117 Stat. 691, provided that: “This section [amending sections
843 and
856 of this title and enacting provisions listed in a table relating to sentencing guidelines set out as a note under section
994 of Title
28, Judiciary and Judicial Procedure] may be cited as the ‘Illicit Drug Anti-Proliferation Act of 2003’.”

Pub. L. 106–310, div. B, title XXXVI, § 3601,Oct. 17, 2000, 114 Stat. 1227, provided that: “This title [enacting section
864 of this title and sections
290aa–5b and
290bb–9 of Title
42, The Public Health and Welfare, amending sections
802,
830,
853,
856, and
863 of this title, sections
3663 and
3663A of Title
18, Crimes and Criminal Procedure, section
524 of Title
28, Judiciary and Judicial Procedure, and sections
285o–2 and
3751 of Title
42, and enacting provisions set out as notes under this section and sections
802,
872,
873,
886, and
1706 of this title, sections
524 and
994 of Title
28, and sections
201,
290aa–4,
290aa–5b and
3751 of Title
42] may be cited as the ‘Methamphetamine Anti-Proliferation Act of 2000’.”

Pub. L. 106–172, § 1,Feb. 18, 2000, 114 Stat. 7, provided that: “This Act [amending sections
802,
827,
841 and
960 of this title and enacting provisions set out as notes under this section and section
812 of this title] may be cited as the ‘Hillory J. Farias and Samantha Reid Date-Rape Drug Prohibition Act of 2000’.”

Short Title of 1998 Amendment

Pub. L. 105–277, div. C, title VIII, § 801(a),Oct. 21, 1998, 112 Stat. 2681–693, provided that: “This title [enacting section
1713 of this title and section
2291–5 of Title
22, Foreign Relations and Intercourse, amending section
956 of this title, and enacting provisions set out as notes under sections
801 and
956 of this title and section
2291 of Title
22] may be cited as the ‘Western Hemisphere Drug Elimination Act’.”

Pub. L. 105–277, div. C, title VIII, subtitle G (§§ 871,
872), § 871,Oct. 21, 1998, 112 Stat. 2681–707, and Pub. L. 105–357, § 1,Nov. 10, 1998, 112 Stat. 3271, provided that such subtitle and such Act, which amended section
956 of this title and enacted provisions set out as notes under section
956 of this title “may be cited as the ‘Controlled Substances Trafficking Prohibition Act’.”

Pub. L. 105–277, div. E, § 1,Oct. 21, 1998, 112 Stat. 2681–759, provided that: “This division [amending sections
841 and
960 of this title and section
13705 of Title
42, The Public Health and Welfare] may be cited as the ‘Methamphetamine Trafficking Penalty Enhancement Act of 1998’.”

Short Title of 1996 Amendments

Pub. L. 104–305, § 1,Oct. 13, 1996, 110 Stat. 3807, provided that: “This Act [amending sections
841,
844,
959, and
960 of this title and enacting provisions set out as notes under section
872 of this title and section
994 of Title
28, Judiciary and Judicial Procedure] may be cited as the ‘Drug-Induced Rape Prevention and Punishment Act of 1996’.”

Pub. L. 104–237, § 1(a),Oct. 3, 1996, 110 Stat. 3099, provided that: “This Act [enacting section
872a of this title, amending sections
802,
814,
830,
841 to
844,
853,
881,
959, and
960 of this title and section
1607 of Title
19, Customs Duties, and enacting provisions set out as notes under this section and sections
802,
872, and
971 of this title, section
994 of Title
28, Judiciary and Judicial Procedure, and section
290aa–4 of Title
42, The Public Health and Welfare] may be cited as the ‘Comprehensive Methamphetamine Control Act of 1996’.”

Short Title of 1994 Amendment

Pub. L. 103–322, title XVIII, § 180201(a),Sept. 13, 1994, 108 Stat. 2046, provided that: “This section [enacting section
849 of this title, amending section
841 of this title, and enacting provisions set out as a note under section
994 of Title
28, Judiciary and Judicial Procedure] may be cited as the ‘Drug Free Truck Stop Act’.”

Short Title of 1993 Amendment

Pub. L. 103–200, § 1,Dec. 17, 1993, 107 Stat. 2333, provided that: “This Act [enacting section
814 of this title, amending sections
802,
821 to
824,
830,
843,
880,
957,
958,
960, and
971 of this title, and enacting provisions set out as a note under section
802 of this title] may be cited as the ‘Domestic Chemical Diversion Control Act of 1993’.”

Short Title of 1990 Amendment

Pub. L. 101–647, title XIX, § 1901,Nov. 29, 1990, 104 Stat. 4851, provided that: “This Act [probably means title XIX of Pub. L. 101–647, which amended sections
333,
802,
812, and
844 of this title and section
290aa–6 of Title
42, The Public Health and Welfare, repealed section
333a of this title, and enacted provisions set out as notes under sections
802 and
829 of this title] may be cited as the ‘Anabolic Steroids Control Act of 1990’.”

Pub. L. 100–690, title VI, § 6051,Nov. 18, 1988, 102 Stat. 4312, provided that: “This subtitle [subtitle A (§§ 6051–6061) of title VI of Pub. L. 100–690, enacting section
971 of this title, amending sections
802,
830,
841 to
843,
872,
876,
881,
960, and
961 of this title, and enacting provisions set out as notes under sections
802 and
971 of this title] may be cited as the ‘Chemical Diversion and Trafficking Act of 1988’.”

Pub. L. 100–690, title VI, § 6071,Nov. 18, 1988, 102 Stat. 4320, provided that: “This subtitle [subtitle B (§§ 6071–6080) of title VI of Pub. L. 100–690, enacting sections
881–1,
887, and
1509 of this title, amending section
881 of this title, section
1594 of Title
19, Customs Duties, section
524 of Title
28, Judiciary and Judicial Procedure, and section 782 of former Title 49, Transportation, and enacting provisions set out as notes under section
881 of this title] may be cited as the ‘Asset Forfeiture Amendments Act of 1988’.”

Pub. L. 99–570, title I, § 1001,Oct. 27, 1986, 100 Stat. 3207–2, provided that: “This subtitle [subtitle A (§§ 1001–1009) of title I of Pub. L. 99–570, amending sections
802,
841,
845,
845a,
848,
881,
960, and
962 of this title, sections
3553 and
3583 of Title
18, Crimes and Criminal Procedure, rule 35 of the Federal Rules of Criminal Procedure, Title 18, Appendix, and section
994 of Title
28, Judiciary and Judicial Procedure, and enacting provisions set out as notes under section
841 of this title, sections
3553 and
3583 of Title
18, and rule 35 of the Federal Rules of Criminal Procedure] may be cited as the ‘Narcotics Penalties and Enforcement Act of 1986’.”

Pub. L. 95–633, § 1,Nov. 10, 1978, 92 Stat. 3768, provided: “That this Act [enacting sections
801a,
830, and
852 of this title, amending sections
352,
802,
811,
812,
823,
827,
841 to
843,
872,
881,
952,
953, and
965 of this title and section
242a of Title
42, The Public Health and Welfare, repealing section
830 of this title (effective Jan. 1, 1981), and enacting provisions set out as notes under sections
801a,
812, and
830 of this title] may be cited as the ‘Psychotropic Substances Act of 1978’.”

Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1236, provided: “That this Act [enacting this chapter and sections
257a,
2688l–1,
2688n–1, and
3509 of Title
42, The Public Health and Welfare, amending sections
162,
198a,
321,
331,
333,
334,
360,
372, and
381 of this title, sections
1114,
1952, and
4251 of Title
18, Crimes and Criminal Procedure, sections
1584,
2078,
2079, and
2080 of Title
19, Customs Duties, sections
4901,
4905,
6808,
7012,
7103,
7326,
7607,
7609,
7641,
7651, and
7655 of Title
26, Internal Revenue Code, section
2901 of Title
28, Judiciary and Judicial Procedure, section 304m of former Title 40, Public Buildings, Property, and Works, sections
201,
225a,
242,
242a,
246,
257,
258,
259,
260,
261,
261a,
2688k,
2688l,
2688m,
2688n,
2688o,
2688r, and
3411 of Title
42, The Public Health and Welfare, section 239a of former Title 46, Shipping, and section
787 of Title
49, Appendix, Transportation, repealing sections
171 to
174,
176 to
185,
188 to
188n,
191 to
193,
197,
198,
199,
360a, and
501 to
517 of this title, sections 1401 to 1407 and 3616 ofTitle
18, sections
4701 to
4707,
4711 to
4716,
4721 to
4726,
4731 to
4736,
4741 to
4746,
4751 to
4757,
4761,
4762,
4771 to
4776,
7237,
7238, and
7491 of Title
26, sections
529a and
529g of former Title 31, Money and Finance, and section
1421m of Title
48, Territories and Insular Possessions, and enacting provisions set out as notes under this section and sections
171,
321,
822,
951, and
957 of this title] may be cited as the ‘Comprehensive Drug Abuse Prevention and Control Act of 1970’.”

Pub. L. 91–513, title II, § 100,Oct. 27, 1970, 84 Stat. 1242, provided that: “This title [enacting this subchapter, repealing section
360a of this title, amending sections
321,
331,
333,
334,
360,
372, and
381 of this title, sections
1114 and
1952 of Title
18, Crimes and Criminal Procedure, and section
242 of Title
42, The Public Health and Welfare, and enacting provisions set out as notes under this section and sections
321 and
822 of this title] may be cited as the ‘Controlled Substances Act’.”

For short title and complete classification of title III of Pub. L. 91–513, which enacted subchapter II of this chapter, as the “Controlled Substances Import and Export Act”, see section 1000 ofPub. L. 91–513, set out as a note under section
951 of this title.

Severability

Pub. L. 106–310, div. B, title XXXVI, § 3673,Oct. 17, 2000, 114 Stat. 1246, provided that: “Any provision of this title [see Short Title of 2000 Amendments note above] held to be invalid or unenforceable by its terms, or as applied to any person or circumstance, shall be construed as to give the maximum effect permitted by law, unless such provision is held to be utterly invalid or unenforceable, in which event such provision shall be severed from this title and shall not affect the applicability of the remainder of this title, or of such provision, to other persons not similarly situated or to other, dissimilar circumstances.”

Continuation of Orders, Rules, and Regulations

Pub. L. 91–513, title II, § 705,Oct. 27, 1970, 84 Stat. 1284, provided that: “Any orders, rules, and regulations which have been promulgated under any law affected by this title [see Short Title note above] and which are in effect on the day preceding enactment of this title [Oct. 27, 1970] shall continue in effect until modified, superseded, or repealed.”

Anti-Drug Messages on Federal Government Internet Sites

Pub. L. 106–391, title III, § 320,Oct. 30, 2000, 114 Stat. 1597, provided that: “Not later than 90 days after the date of the enactment of this Act [Oct. 30, 2000], the Administrator [of the National Aeronautics and Space Administration], in consultation with the Director of the Office of National Drug Control Policy, shall place anti-drug messages on Internet sites controlled by the National Aeronautics and Space Administration.”

Pub. L. 106–310, div. B, title XXXVI, § 3671,Oct. 17, 2000, 114 Stat. 1245, provided that: “Not later than 90 days after the date of the enactment of this Act [Oct. 17, 2000], the head of each department, agency, and establishment of the Federal Government shall, in consultation with the Director of the Office of National Drug Control Policy, place antidrug messages on appropriate Internet websites controlled by such department, agency, or establishment which messages shall, where appropriate, contain an electronic hyperlink to the Internet website, if any, of the Office.”

Protocols for Investigations and Prosecutions Relating to Date-Rape Drugs and Other Controlled Substances; Annual Report; National Awareness Campaign

“SEC.
6. DEVELOPMENT OF MODEL PROTOCOLS, TRAINING MATERIALS, FORENSIC FIELD TESTS, AND COORDINATION MECHANISM FOR INVESTIGATIONS AND PROSECUTIONS RELATING TO GAMMA HYDROXYBUTYRIC ACID, OTHER CONTROLLED SUBSTANCES, AND DESIGNER DRUGS.

“(a) In General.—The Attorney General, in consultation with the Administrator of the Drug Enforcement Administration and the Director of the Federal Bureau of Investigation, shall—

“(1) develop—

“(A) model protocols for the collection of toxicology specimens and the taking of victim statements in connection with investigations into and prosecutions related to possible violations of the Controlled Substances Act [21 U.S.C. 801 et seq.] or other Federal or State laws that result in or contribute to rape, other crimes of violence, or other crimes involving abuse of gamma hydroxybutyric acid, other controlled substances, or so-called ‘designer drugs’; and

“(B) model training materials for law enforcement personnel involved in such investigations; and

“(2) make such protocols and training materials available to Federal, State, and local personnel responsible for such investigations.

“(b) Grant.—

“(1) In general.—The Attorney General shall make a grant, in such amount and to such public or private person or entity as the Attorney General considers appropriate, for the development of forensic field tests to assist law enforcement officials in detecting the presence of gamma hydroxybutyric acid and related substances.

“(2) Authorization of appropriations.—There are authorized to be appropriated such sums as may be necessary to carry out this subsection.

“(c) Report.—Not later than 180 days after the date of the enactment of this Act [Feb. 18, 2000], the Attorney General shall submit to the Committees on the Judiciary of the Senate and House of Representatives a report on current mechanisms for coordinating Federal, State, and local investigations into and prosecutions related to possible violations of the Controlled Substances Act [21 U.S.C. 801 et seq.] or other Federal or State laws that result in or contribute to rape, other crimes of violence, or other crimes involving the abuse of gamma hydroxybutyric acid, other controlled substances, or so-called ‘designer drugs’. The report shall also include recommendations for the improvement of such mechanisms.

“(a) Annual Report.—The Secretary of Health and Human Services (in this section referred to as the ‘Secretary’) shall periodically submit to Congress reports each of which provides an estimate of the number of incidents of the abuse of date-rape drugs (as defined in subsection (c)) that occurred during the most recent 1-year period for which data are available. The first such report shall be submitted not later than January 15, 2000, and subsequent reports shall be submitted annually thereafter.

“(b) National Awareness Campaign.—

“(1) Development of plan; recommendations of advisory committee.—

“(A) In general.—The Secretary, in consultation with the Attorney General, shall develop a plan for carrying out a national campaign to educate individuals described in subparagraph (B) on the following:

“(i) The dangers of date-rape drugs.

“(ii) The applicability of the Controlled Substances Act [21 U.S.C. 801 et seq.] to such drugs, including penalties under such Act.

“(iii) Recognizing the symptoms that indicate an individual may be a victim of such drugs, including symptoms with respect to sexual assault.

“(iv) Appropriately responding when an individual has such symptoms.

“(B) Intended population.—The individuals referred to in subparagraph (A) are young adults, youths, law enforcement personnel, educators, school nurses, counselors of rape victims, and emergency room personnel in hospitals.

“(C) Advisory committee.—Not later than 180 days after the date of the enactment of this Act [Feb. 18, 2000], the Secretary shall establish an advisory committee to make recommendations to the Secretary regarding the plan under subparagraph (A). The committee shall be composed of individuals who collectively possess expertise on the effects of date-rape drugs and on detecting and controlling the drugs.

“(2) Implementation of plan.—Not later than 180 days after the date on which the advisory committee under paragraph (1) is established, the Secretary, in consultation with the Attorney General, shall commence carrying out the national campaign under such paragraph in accordance with the plan developed under such paragraph. The campaign may be carried out directly by the Secretary and through grants and contracts.

“(c) Definition.—For purposes of this section, the term ‘date-rape drugs’ means gamma hydroxybutyric acid and its salts, isomers, and salts of isomers and such other drugs or substances as the Secretary, after consultation with the Attorney General, determines to be appropriate.”

“(1) Methamphetamine is a very dangerous and harmful drug. It is highly addictive and is associated with permanent brain damage in long-term users.

“(2) The abuse of methamphetamine has increased dramatically since 1990. This increased use has led to devastating effects on individuals and the community, including—

“(A) a dramatic increase in deaths associated with methamphetamine ingestion;

“(B) an increase in the number of violent crimes associated with methamphetamine ingestion; and

“(C) an increase in criminal activity associated with the illegal importation of methamphetamine and precursor compounds to support the growing appetite for this drug in the United States.

“(3) Illegal methamphetamine manufacture and abuse presents an imminent public health threat that warrants aggressive law enforcement action, increased research on methamphetamine and other substance abuse, increased coordinated efforts to prevent methamphetamine abuse, and increased monitoring of the public health threat methamphetamine presents to the communities of the United States.”

Support for International Efforts To Control Methamphetamine and Precursors

Pub. L. 104–237, title I, § 101,Oct. 3, 1996, 110 Stat. 3100, provided that: “The Attorney General, in consultation with the Secretary of State, shall coordinate international drug enforcement efforts to decrease the movement of methamphetamine and methamphetamine precursors into the United States.”

“(a) Establishment.—There is established a ‘Methamphetamine Interagency Task Force’ (referred to as the ‘interagency task force’) which shall consist of the following members:

“(1) The Attorney General, or a designee, who shall serve as chair.

“(2) 2 representatives selected by the Attorney General.

“(3) The Secretary of Education or a designee.

“(4) The Secretary of Health and Human Services or a designee.

“(5) 2 representatives of State and local law enforcement and regulatory agencies, to be selected by the Attorney General.

“(6) 2 representatives selected by the Secretary of Health and Human Services.

“(7) 5 nongovernmental experts in drug abuse prevention and treatment to be selected by the Attorney General.

“(b) Responsibilities.—The interagency task force shall be responsible for designing, implementing, and evaluating the education and prevention and treatment practices and strategies of the Federal Government with respect to methamphetamine and other synthetic stimulants.

“(1) appropriate personnel from the Drug Enforcement Administration (the ‘DEA’) and other Federal, State, and local law enforcement and regulatory agencies with the experience in investigating and prosecuting illegal transactions of listed chemicals and supplies; and

“(2) representatives from the chemical and pharmaceutical industry.

“(b) Responsibilities.—The Task Force shall be responsible for developing proposals to define suspicious orders of listed chemicals, and particularly to develop quantifiable parameters which can be used by registrants in determining if an order is a suspicious order which must be reported to DEA. The quantifiable parameters to be addressed will include frequency of orders, deviations from prior orders, and size of orders. The Task Force shall also recommend provisions as to what types of payment practices or unusual business practices shall constitute prima facie suspicious orders. In evaluating the proposals, the Task Force shall consider effectiveness, cost and feasibility for industry and government, and other relevant factors.

“(c) Meetings.—The Task Force shall meet at least two times per year and at such other times as may be determined necessary by the Task Force.

“(d) Report.—The Task Force shall present a report to the Attorney General on its proposals with regard to suspicious orders and the electronic reporting of suspicious orders within one year of the date of enactment of this Act [Oct. 3, 1996]. Copies of the report shall be forwarded to the Committees of the Senate and House of Representatives having jurisdiction over the regulation of listed chemical and controlled substances.

“(e) Funding.—The administrative expenses of the Task Force shall be paid out of existing Department of Justice funds or appropriations.

“(a) Establishment of Task Force.—There is established the Joint Federal Task Force on Illegal Drug Laboratories (hereafter in this section referred to as the ‘Task Force’).

“(b) Appointment and Membership of Task Force.—The members of the Task Force shall be appointed by the Administrators of the Environmental Protection Agency and the Drug Enforcement Administration (hereafter in this section referred to as the ‘Administrators’). The Task Force shall consist of at least 6 and not more than 20 members. Each Administrator shall appoint one-half of the members as follows: (1) the Administrator of the Environmental Protection Agency shall appoint members from among Emergency Response Technicians and other appropriate employees of the Agency; and (2) the Administrator of the Drug Enforcement Administration shall appoint members from among Special Agents assigned to field divisions and other appropriate employees of the Administration.

“(c) Duties of Task Force.—The Task Force shall formulate, establish, and implement a program for the cleanup and disposal of hazardous waste produced by illegal drug laboratories. In formulating such program, the Task Force shall consider the following factors:

“(1) The volume of hazardous waste produced by illegal drug laboratories.

“(2) The cost of cleaning up and disposing of hazardous waste produced by illegal drug laboratories.

“(3) The effectiveness of the various methods of cleaning up and disposing of hazardous waste produced by illegal drug laboratories.

“(4) The coordination of the efforts of the Environmental Protection Agency and the Drug Enforcement Administration in cleaning up and disposing of hazardous waste produced by illegal drug laboratories.

“(5) The dissemination of information to law enforcement agencies that have responsibility for enforcement of drug laws.

“(d) Guidelines.—The Task Force shall recommend to the Administrators guidelines for cleanup of illegal drug laboratories to protect the public health and environment. Not later than 180 days after the date of the enactment of this subtitle [Nov. 18, 1988], the Administrators shall formulate and publish such guidelines.

“(e) Demonstration Projects.—

“(1) The Attorney General shall make grants to, and enter into contracts with, State and local governments for demonstration projects to clean up and safely dispose of substances associated with illegal drug laboratories which may present a danger to public health or the environment.

“(2) The Attorney General may not under this subsection make a grant or enter into a contract unless the applicant for such assistance agrees to comply with the guidelines issued pursuant to subsection (d).

“(3) The Attorney General shall, through grant or contract, provide for independent evaluations of the activities carried out pursuant to this subsection and shall recommend appropriate legislation to the Congress.

“(f) Funding.—Of the amounts made available to carry out the Controlled Substances Act [21 U.S.C. 801 et seq.] for fiscal year 1989, not less than $5,000,000 shall be made available to carry out subsections (d) and (e).

“(g) Reports.—After consultation with the Task Force, the Administrators shall—

“(1) transmit to the President and to each House of Congress not later than 270 days after the date of the enactment of this subtitle [Nov. 18, 1988] a report describing the program established by the Task Force under subsection (c) (including an analysis of the factors specified in paragraphs (1) through (5) of that subsection);

“(2) periodically transmit to the President and to each House of Congress reports describing the implementation of the program established by the Task Force under subsection (c) (including an analysis of the factors specified in paragraphs (1) through (5) of that subsection) and the progress made in the cleanup and disposal of hazardous waste produced by illegal drug laboratories; and

“(3) transmit to each House of Congress a report describing the findings made as a result of the evaluations referred to in subsection (e)(3).”

“(a) Interagency Agreement.—The Secretary of Transportation and the Secretary of the Treasury shall enter into an agreement for the purpose of increasing the effectiveness of maritime drug interdiction activities of the Coast Guard and the Customs Service in the Great Lakes area.

“(b) Negotiations With Canada on Drug Enforcement Cooperation.—The Secretary of State is encouraged to enter into negotiations with appropriate officials of the Government of Canada for the purpose of establishing an agreement between the United States and Canada which provides for increased cooperation and sharing of information between United States and Canadian law enforcement officials with respect to law enforcement efforts conducted on the Great Lakes between the United States and Canada.”

[For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections
468(b),
551(d),
552(d), and
557 of Title
6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section
542 of Title
6.]

[For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections
203(1),
551(d),
552(d), and
557 of Title
6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section
542 of Title
6.]

GAO Study of Capabilities of United States To Control Drug Smuggling Into United States

Pub. L. 100–180, div. A, title XII, § 1241,Dec. 4, 1987, 101 Stat. 1162, directed Comptroller General of the United States to conduct a comprehensive study regarding smuggling of illegal drugs into United States and current capabilities of United States to deter such smuggling, with special consideration given to issues involving use of military and National Guard units along with Customs Service in cooperative drug smuggling interdiction efforts, and to issue, not later than Apr. 30, 1988, and Mar. 31, 1989, reports to Congress outlining results of this study.

Compliance With Budget Act

Pub. L. 99–570, § 3,Oct. 27, 1986, 100 Stat. 3207–1, provided that: “Notwithstanding any other provision of this Act [see Tables for classification], any spending authority and any credit authority provided under this Act shall be effective for any fiscal year only to such extent or in such amounts as are provided in appropriation Acts. For purposes of this Act, the term ‘spending authority’ has the meaning provided in section 401(c)(2) of the Congressional Budget Act of 1974 [2 U.S.C. 651(c)(2)] and the term ‘credit authority’ has the meaning provided in section 3(10) of the Congresssional [sic] Budget Act of 1974 [2 U.S.C. 622(10)].”

“This title [enacting section
379 of Title
10, Armed Forces, sections
1590,
1628,
1629, and
2081 of Title
19, Customs Duties, and section
312a of Title
47, Telecommunications, amending section
959 of this title, sections 374 and 911 ofTitle
10, sections
507,
1401,
1433,
1436,
1454,
1459,
1497,
1509,
1584 to
1586,
1594 to
1595a,
1613,
1613b,
1619, and
1622 of Title
19, section
5316 of Title 31, Money and Finance, section
12109 of Title
46, Shipping, sections
1901 to
1904 of Title
46, Appendix, Shipping, and sections 1401, 1472, 1474, and 1509 of former Title 49, Transportation, repealing section
1460 of Title
19, enacting provisions set out as notes under section
801 of this title, sections 371, 374, 525, and 9441 ofTitle
10, sections
1613b and
1654 of Title
19, section
403 of Title 23, Highways, section
1901 of Title
46, Appendix, section
11344 of Title
49, and section 1509 of former Title 49, and repealing provisions set out as a note under section
89 of Title
14, Coast Guard] may be cited as the ‘National Drug Interdiction Improvement Act of 1986’.

“SEC.
3002. FINDINGS.

“The Congress hereby finds that—

“(1) a balanced, coordinated, multifaceted strategy for combating the growing drug abuse and drug trafficking problem in the United States is essential in order to stop the flow and abuse of drugs within our borders;

“(2) a balanced, coordinated, multifaceted strategy for combating the narcotics drug abuse and trafficking in the United States should include—

“(A) increased investigations of large networks of drug smuggler organizations;

“(B) source country drug eradication;

“(C) increased emphasis on stopping narcotics traffickers in countries through which drugs are transshipped;

“(D) increased emphasis on drug education programs in the schools and workplace;

“(E) increased Federal Government assistance to State and local agencies, civic groups, school systems, and officials in their efforts to combat the drug abuse and trafficking problem at the local level; and

“(F) increased emphasis on the interdiction of drugs and drug smugglers at the borders of the United States, in the air, at sea, and on the land;

“(3) funds to support the interdiction of narcotics smugglers who threaten the transport of drugs through the air, on the sea, and across the land borders of the United States should be emphasized in the Federal Government budget process to the same extent as the other elements of a comprehensive antidrug effort are emphasized;

“(4) the Department of Defense and the use of its resources should be an integral part of a comprehensive, natonal [national] drug interdiction program;

“(5) the Federal Government civilian agencies engaged in drug interdiction, particularly the United States Customs Service and the Coast Guard, currently lack the aircraft, ships, radar, command, control, communications, and intelligence (C3I) system, and manpower resources necessary to mount a comprehensive attack on the narcotics traffickers who threaten the United States;

“(6) the civilian drug interdiction agencies of the United States are currently interdicting only a small percentage of the illegal, drug smuggler penetrations in the United States every year;

“(7) the budgets for our civilian drug interdiction agencies, primarily the United States Customs Service and the Coast Guard, have not kept pace with those of the traditional investigative law enforcement agencies of the Department of Justice; and

“(8) since the amendment of the Posse Comitatus Act (18 U.S.C. 1385) in 1981, the Department of Defense has assisted in the effort to interdict drugs, but they can do more.

“SEC.
3003. PURPOSES.

“It is the purpose of this title—

“(1) to increase the level of funding and resources available to civilian drug interdiction agencies of the Federal Government;

“(2) to increase the level of support from the Department of Defense as consistent with the Posse Comitatus Act [18 U.S.C. 1385], for interdiction of the narcotics traffickers before such traffickers penetrate the borders of the United States; and

“(3) to improve other drug interdiction programs of the Federal Government.

“(1) Establishment of a united states-bahamas drug interdiction task force.—(A) There is authorized to be established a United States-Bahamas Drug Interdiction Task Force to be operated jointly by the United States Government and the Government of the Bahamas.

“(B) The Secretary of State, the Commandant of the Coast Guard, the Commissioner of Customs, the Attorney General, and the head of the National Narcotics Border Interdiction System (NNBIS), shall upon enactment of this Act [Oct. 27, 1986], immediately commence negotiations with the Government of the Bahamas to enter into a detailed agreement for the establishment and operation of a new drug interdiction task force, including plans for (i) the joint operation and maintenance of any drug interdiction assets authorized for the task force in this section and section
3141 [see 19 U.S.C. 2075], and (ii) any training and personnel enhancements authorized in this section and section
3141.

“(2) Amounts authorized.—There are authorized to be appropriated, in addition to any other amounts authorized to be appropriated in this title [see section 3001 ofPub. L. 99–570set out above], $10,000,000 for the following:

“(A) $9,000,000 for 3 drug interdiction pursuit helicopters for use primarily for operations of the United States-Bahamas Drug Interdiction Task Force established under this section; and

“(B) $1,000,000 to enhance communications capabilities for the operation of a United States-Bahamas Drug Interdiction Task Force established under this section.

“(3) Coast guard-bahamas drug interdiction docking facility.—(A) There is authorized to be appropriated for acquisition, construction, and improvements for the Coast Guard for fiscal year 1987, $5,000,000, to be used for initial design engineering, and other activities for construction of a drug interdiction docking facility in the Bahamas to facilitate Coast Guard and Bahamian drug interdiction operations in and through the Bahama Islands. Of the amounts authorized to be appropriated in this subsection, such sums as may be necessary shall be available for necessary communication and air support.

“(B) The Commandant of the Coast Guard shall use such amounts appropriated pursuant to the authorization in this paragraph as may be necessary to establish a repair, maintenance, and boat lift facility to provide repair and maintenance services for both Coast Guard and Bahamian marine drug interdiction equipment, vessels, and related assets.

“(b) Concurrence by Secretary of State.—Programs authorized by this section may be carried out only with the concurrence of the Secretary of State.”

Information on Drug Abuse at the Workplace

Pub. L. 99–570, title IV, § 4303,Oct. 27, 1986, 100 Stat. 3207–154, directed Secretary of Labor to collect such information as is available on the incidence of drug abuse in the workplace and efforts to assist workers, including counseling, rehabilitation and employee assistance programs, to conduct such additional research as is necessary to assess the impact and extent of drug abuse and remediation efforts, and submit the findings of such collection and research to Congress no later than two years from Oct. 27, 1986.

“(a) The Secretary of Education, the Secretary of Health and Human Services, and the Secretary of Labor shall each designate an officer or employee of the Departments of Education, Health and Human Services, and Labor, respectively, to coordinate interagency drug abuse prevention activities to prevent duplication of effort.

“(b) Within one year after enactment of this Act [Oct. 27, 1986], a report shall be jointly submitted to the Congress by such Secretaries concerning the extent to which States and localities have been able to implement non-duplicative drug abuse prevention activities.”

Substance Abuse Coverage Study

Pub. L. 99–570, title VI, § 6005,Oct. 27, 1986, 100 Stat. 3207–160, as amended by Pub. L. 100–690, title II, § 2058(c),Nov. 18, 1988, 102 Stat. 4214, directed Secretary of Health and Human Services to contract with Institute of Medicine of National Academy of Sciences to conduct a study of extent to which cost of drug abuse treatment is covered by private insurance, public programs, and other sources of payment, and adequacy of such coverage for the rehabilitation of drug abusers, and not later than 18 months after execution of such contract to transmit to Congress a report of results of study, including recommendations of means to meet the needs identified in such study.

“(1) drug and alcohol abuse are problems of grave concern and consequence in American society;

“(2) over 500,000 individuals are known heroin addicts; 5 million individuals use cocaine; and at least 7 million individuals regularly use prescription drugs, mostly addictive ones, without medical supervision;

“(3) 10 million adults and 3 million children and adolescents abuse alcohol, and an additional 30 to 40 million people are adversely affected because of close family ties to alcoholics;

“(4) the total cost of drug abuse to the Nation in 1983 was over $60,000,000,000; and

“(5) the vast majority of health benefits plans provide only limited coverage for treatment of drug and alcohol addiction, which is a fact that can discourage the abuser from seeking treatment or, if the abuser does seek treatment, can cause the abuser to face significant out of pocket expenses for the treatment.

“(b) Sense of Congress.—It is the sense of Congress that—

“(1) all employers providing health insurance policies should ensure that the policies provide adequate coverage for treatment of drug and alcohol addiction in recognition that the health consequences and costs for individuals and society can be as formidable as those resulting from other diseases and illnesses for which insurance coverage is much more adequate; and

“(2) State insurance commissioners should encourage employers providing health benefits plans to ensure that the policies provide more adequate coverage for treatment of drug and alcohol addiction.”

“(a) [Establishment; composition] There is established a commission to be known as the Commission on Marihuana and Drug Abuse (hereafter in this section referred to as the ‘Commission’). The Commission shall be composed of—

“(1) two Members of the Senate appointed by the President of the Senate;

“(2) two Members of the House of Representatives appointed by the Speaker of the House of Representatives; and

“(3) nine members appointed by the President of the United States.

At no time shall more than one of the members appointed under paragraph (1), or more than one of the members appointed under paragraph (2), or more than five of the members appointed under paragraph (3) be members of the same political party.

“(b) [Chairman; Vice Chairman; compensation of members; meetings] (1) The President shall designate one of the members of the Commission as Chairman and one as Vice Chairman. Seven members of the Commission shall constitute a quorum, but a lesser number may conduct hearings.

“(2) Members of the Commission who are Members of Congress or full-time officers or employees of the United States shall serve without additional compensation but shall be reimbursed for travel, subsistence, and other necessary expenses incurred in the performance of the duties vested in the Commission. Members of the Commission from private life shall receive $100 per diem while engaged in the actual performance of the duties vested in the Commission, plus reimbursement for travel, subsistence, and other necessary expenses incurred in the performance of such duties.

“(3) The Commission shall meet at the call of the Chairman or at the call of a majority of the members thereof.

“(c) [Personnel; experts; information from departments and agencies] (1) The Commission shall have the power to appoint and fix the compensation of such personnel as it deems advisable, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and the provisions of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates.

“(2) The Commission may procure, in accordance with the provisions of section
3109 of title
5, United States Code, the temporary or intermittent services of experts or consultants. Persons so employed shall receive compensation at a rate to be fixed by the Commission, but not in excess of $75 per diem, including traveltime. While away from his home or regular place of business in the performance of services for the Commission, any such person may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section
5703(b) of title
5, United States Code, for persons in the Government service employed intermittently.

“(3) The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out its duties under this section. Upon request of the Chairman of the Commission, such department or agency shall furnish such information to the Commission.

“(d) [Marihuana study; report to the President and the Congress] (1) The Commission shall conduct a study of marihuana including, but not limited to, the following areas:

“(A) the extent of use of marihuana in the United States to include its various sources of users, number of arrests, number of convictions, amount of marihuana seized, type of user, nature of use;

“(B) an evaluation of the efficacy of existing marihuana laws;

“(C) a study of the pharmacology of marihuana and its immediate and long-term effects, both physiological and psychological;

“(D) the relationship of marihuana use to aggressive behavior and crime;

“(E) the relationship between marihuana and the use of other drugs; and

“(F) the international control of marihuana.

“(2) Within one year after the date on which funds first become available to carry out this section, the Commission shall submit to the President and the Congress a comprehensive report on its study and investigation under this subsection which shall include its recommendations and such proposals for legislation and administrative action as may be necessary to carry out its recommendations.

“(e) [Study and investigation of causes of drug abuse; report to the President and the Congress; termination of Commission] The Commission shall conduct a comprehensive study and investigation of the causes of drug abuse and their relative significance. The Commission shall submit to the President and the Congress such interim reports as it deems advisable and shall within two years after the date on which funds first become available to carry out this section submit to the President and the Congress a final report which shall contain a detailed statement of its findings and conclusions and also such recommendations for legislation and administrative actions as it deems appropriate. The Commission shall cease to exist sixty days after the final report is submitted under this subsection.

“(f) [Limitation on expenditures] Total expenditures of the Commission shall not exceed $4,000,000.”

Executive Order No. 11599

Ex. Ord. No. 11599, June 17, 1971, 36 F.R. 11793, which established the Special Action Office for Drug Abuse Prevention, was superseded. See Prior Provisions notes set out under section
1111 of this title.

Reorganization Plan No. 2 of 1973 [set out in the Appendix to Title 5, Government Organization and Employees], which becomes effective on July 1, 1973, among other things establishes a Drug Enforcement Administration in the Department of Justice. In my message to the Congress transmitting that plan, I stated that all functions of the Office for Drug Abuse Law Enforcement (established pursuant to Executive Order No. 11641 of January 28, 1972) and the Office of National Narcotics Intelligence (established pursuant to Executive Order No. 11676 of July 27, 1972) would, together with other related functions, be merged in the new Drug Enforcement Administration.

NOW, THEREFORE, by virtue of the authority vested in me by the Constitution and laws of the United States, including section
5317 of title
5 of the United States Code, as amended, it is hereby ordered as follows:

Section 1. The Attorney General, to the extent permitted by law, is authorized to coordinate all activities of executive branch departments and agencies which are directly related to the enforcement of laws respecting narcotics and dangerous drugs. Each department and agency of the Federal Government shall, upon request and to the extent permitted by law, assist the Attorney General in the performance of functions assigned to him pursuant to this order, and the Attorney General may, in carrying out those functions, utilize the services of any other agencies, Federal and State, as may be available and appropriate.

Sec. 2. Executive Order No. 11641 of January 28, 1972, is revoked and the Attorney General shall provide for the reassignment of the functions of the Office for Drug Abuse Law Enforcement and for the abolishment of that Office.

Sec. 3. Executive Order No. 11676 of July 27, 1972, is hereby revoked and the Attorney General shall provide for the reassignment of the functions of the Office of National Narcotics Intelligence and for the abolishment of that Office.

Sec. 4. Section 1 of Executive Order No. 11708 of March 23, 1973, as amended [set out as a note under section
5317 of Title
5, Government Organization and Employees], placing certain positions in level IV of the Executive Schedule is hereby further amended by deleting—

(1) “(6) Director, Office for Drug Abuse Law Enforcement, Department of Justice.”; and